Insitui Terms of Use

Through the Insitui software product, Fresh Web Solutions Pty Ltd (ACN 090 544 264) ("freshweb") provides website operators and other individuals with a variety of tools and resources (including our website) to enable them to create wireframes (the "Services").

The Services are provided subject to these terms and conditions, which also incorporate our Privacy Policy, and any other guidelines, rules or operating policies that freshweb may establish and post on our website from time to time (collectively the "Agreement").

Please read this Agreement carefully before proceeding with any use of our website or the Services. By checking the "I have read the Insitui Agreement. I accept these terms and conditions" box on the Free Trial page or after logging in for the first time, you accept and agree to be bound by this Agreement.

If you do not accept the terms and conditions of this Agreement, please exit this website and cease using the Services immediately.

By using the Insitui service, you agree to be bound by the following terms and conditions. Insitui reserves the right to change the Terms and Conditions at any time without notice, and your continued use of Insitui constitutes your consent to such changes.

• You must be 13 years or older to use this service.
• You must provide a valid name and email address during the registration process. You will further update and keep that information current as appropriate.
• You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your account and password. If you suspect unauthorized use of your account, you agree to immediately change your password and notify Insitui.
• You are hereby granted a non-exclusive, non-transferable, worldwide right to access and use the Insitui services, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms and Conditions. All rights not expressly granted to you are reserved by Insitui.
• You understand that the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials related to the Insitui services are the property of Insitui and are protected pursuant to applicable copyright, trademark and other proprietary rights laws.
• You shall abide by all applicable local, state, national and international laws and regulations and be solely responsible for all acts or omissions that occur with respect to your wireframe(s) and/or under your account or password, including those related to the protection of intellectual property, data privacy, international communications and transmission of technical or personal data. By way of example, and not as a limitation, you will not, directly or
• Transmit any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content;
• Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
• Transmit material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
• Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Harvest or otherwise collect information about others, including email addresses, without their consent;
• Use a false identity or forged email address or header, or otherwise attempt to mislead others as to your identity or the origin of your messages;
• Transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
• Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
• Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious programs;
• Interfere with or disrupt networks or websites associated with the Insitui services or violate the regulations, policies or procedures of such networks;
• Attempt to gain unauthorized access to the Insitui website, Insitui services, other accounts, computer systems or networks associated with the Insitui services, through password mining or any other means;
• Interfere with another person's use and enjoyment of the Insitui services or use and enjoyment of similar services.
• If you engage in any activity set forth above or violate any other Terms and Conditions, your account will be terminated and use of the Insitui services prohibited. Insitui will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.
• You understand that any free account that has been inactive (the user has not logged into the Insitui administration tool or received any submissions on their forms) for six or more months is subject to termination. Insitui will attempt to notify you of such pending termination by sending a message to the email address stored for your account.
• For all non-paid or free accounts you agree to allow Insitui to place a company logo or a "powered by" or similar link on all forms.
• You agree to the terms of the Insitui Privacy Policy.
• You understand that all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purposes. Insitui is not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between Insitui and you. The Insitui services would not be provided without such limitations. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in these Terms and Conditions. If you are dissatisfied with the Insitui services or any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Insitui services immediately.
• You agree to indemnify, defend and hold Insitui and its partners, attorneys, employees, agents and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys' fees, related to your violation of these Terms and Conditions, use of the Insitui services, creation or use of a wireframe, collection, possession or use of data derived from a wireframe, or any service provided or performed or agreed to be performed, or any product sold by you, your agents, employees or assigns.
• You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the Account link in the navigation bar at the top of the screen. Any cancellation of your account will result in the deactivation or deletion of your account or your access to the account. Please be aware that Insitui may for a time retain residual information and/or archival copies in its database.
• You agree that these Terms and Conditions shall be treated as though they were executed and performed in New South Wales, Australia, and shall be governed by and construed in accordance with the laws of the State of New South Wales (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms and Conditions, Privacy Policy, or any other agreement related to the use of Insitui applications shall be brought solely in New South Wales, Australia.

Insitui reserves the right to terminate your account for the violation of any of these terms at any time and without notice.

Force Majeure

Insitui will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Insitui's reasonable control.

Overseas Access

The Services may be accessed throughout Australia and overseas. Insitui makes no representations that the Services comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

... and finally

Whilst freshweb is on hand for technical advice there are some elements for which freshweb is not able to take responsibility. freshweb does not provide support for 3rd party applications or software set-up of those applications. These include and are not limited to QuickTime, Acrobat and Flash. Please refer to the supplier.